Terms and Conditions

These terms and conditions (“Agreement”) govern the provision of design and hosting services by Create website(“Agency”) to the client (“Client”). By engaging the Agency’s services, the Client agrees to be bound by these terms and conditions.

1. Services:
a. The Agency will provide design and development services to the Client, including but not limited to website creation, graphic design, content development, and website hosting.
b. The specific services and deliverables will be outlined in a separate agreement or proposal agreed upon by both parties.
2. Client Responsibilities:
a. The Client will provide the necessary information, materials, and access to fulfil the project requirements within a reasonable timeframe.
b. The Client will ensure that all materials provided, including text, images, and other media, comply with applicable South African laws and regulations, including copyright and intellectual property rights.
c. Any changes made during the development process will be quoted for separately.

3. Fees and Payment:
a. The Client agrees to pay the Agency the agreed-upon fees for the services provided. Payment terms, including any deposits or milestone payments, will be outlined in the separate agreement or proposal.
b. All fees are non-refundable once the services have been initiated, except as otherwise expressly provided in this Agreement or required by applicable law.
c. Monthly fees are invoiced and payable monthly in advance.
d. Fees are to be rendered electronically and are payable within 7 (seven) days of
presentation of the relevant invoice, failing which, interest will be charged on overdue
amounts at a rate equal to the prime overdraft rate +2% (plus two percent) as published
by the Reserve Bank from time to time, as determined on the first day of each and every
month and debited monthly in arrears. In the event of a dispute as to such rate the dispute
should be raised with Create website in writing within 3 (three) business days of
receipt of any invoice.
e. Monthly fees are subject to an annual increase of 10% (ten percent) upon each anniversary
of the date on which this agreement was signed by the party signing lasty in time and will
be effected in the first invoice following this date.

4. Intellectual Property Rights:
a. The Client retains ownership of any materials, content, and intellectual property provided to the Agency for the purpose of the project.
b. The Agency retains ownership of any pre-existing materials, including but not limited to software, code, templates, and designs used in the project.
c. Upon full payment of the fees, the Agency grants the Client a non-exclusive, royalty-free license to use the completed website or other deliverables for its intended purpose.

5. Confidentiality:
a. Both parties agree to keep any confidential information exchanged during the project confidential and not disclose it to any third party without prior written consent, except as required by South African law.

6. Website Hosting:
d. If the Agency provides website hosting services, the Client acknowledges and agrees to abide by the hosting terms and conditions, including any acceptable use policy and limitations on storage, bandwidth, and server resources.
e. The Agency will take reasonable measures to ensure the security and availability of the hosted website but cannot guarantee uninterrupted access or protection against third-party attacks or breaches.
7. Warranty:
a. The Agency warrants that the web design and development services provided will be performed in a professional and workmanlike manner.
b. The Agency further warrants that the completed website will be free from defects in functionality for a period of 3 months from the date of delivery.
c. If any defects are discovered within the warranty period, the Client must promptly notify the Agency in writing, providing detailed information about the issue.
d. Upon receiving notice of a defect, the Agency will make reasonable efforts to rectify the issue within a reasonable timeframe.
e. The warranty does not cover any defects or issues arising from:
i. Modifications or alterations made to the website by the Client or any third party without the Agency’s prior written consent.
ii. Misuse, improper use, or unauthorized access to the website.
iii. Third-party software, plugins, or components used in the website.
f. The warranty is void if the Client fails to make full payment of the agreed-upon fees and/or monthly fees.
8. Termination:
a. Either party may terminate this Agreement upon written notice in the event of a material breach by the other party. Termination does not relieve the Client’s obligation to pay for services provided up to the termination date.
b. Upon termination, the Client may be entitled to receive the completed work to date, subject to full payment of any outstanding fees.

9. Limitation of Liability:
a. The Agency’s liability for any damages, losses, or claims arising out of or in connection with this Agreement shall be limited to the total fees paid by the Client.
b. The Agency shall not be liable for any indirect, consequential, incidental, or punitive damages.

10. Governing Law and Jurisdiction:
a. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
b. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

11. Entire Agreement:
This Agreement constitutes the entire understanding between the Agency and the Client and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

By accepting the quote and thereby engaging the Agency’s services, the Client acknowledges that they have read, understood, and agreed to be bound by these terms and conditions.